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Sabri v. Sabri8/1/2000
Appellant seeks review of a judgment dismissing his personal-injury claims against respondents, arguing that the district court erred in dismissing the claims based on an alleged oral settlement agreement. We affirm.
FACTS
The parties are brothers who have been embroiled in a series of bitter intra-familial disputes. This litigation arises from the alleged March 1995 battery of appellant Mohammed Sabri by Basim Sabri and respondents Azmi and Azzam Sabri. Appellant sued them for medical expenses, pain, and mental anguish; he later settled with Basim Sabri.
The first jury trial began on October 22, 1996, but ended the next day after a sheriff's deputy, in front of the jury, served respondents with an order for protection filed by appellant. Then, after a recess, again in front of the jury, appellant called 911 to have respondents arrested. The judge recused herself, stating that she was too angry about the mistrial and the parties' attempts "to litigate a lifetime of disputes" to be fair.
The second trial was held on November 24-25, 1997. The jury awarded appellant $529,112.57 in damages. Respondents moved for a new trial, arguing that Azzam Sabri, in the presence of the jury, had again been served with an order for protection filed by appellant. Appellant submitted an affidavit in support of respondents' motion, apparently without the knowledge of his attorney; one week later appellant filed a motion in opposition to respondents' motion. The district court granted respondents a new trial on the issue of damages only.
On September 2, 1998, respondents moved to dismiss appellant's case, alleging that they had entered into an oral settlement agreement on November 22, 1997, and had fulfilled its terms. The parties allegedly agreed that (1) appellant would dismiss this action; (2) appellant would repay the parties' mother, Raba Salem, $120,000; (3) Azmi Sabri would waive restitution and request leniency for appellant in regard to a criminal theft conviction in the country of Jordan; (4) Salem would dismiss her fraud action against appellant; and (5) Azzam Sabri would withdraw an action for appointment of a conservator for Salem.
In support of their motion to dismiss, respondents filed their own affidavits and affidavits of Basim Sabri and Salem, explaining the terms of the alleged settlement agreement. Respondents also provided to the district court: (1) a December 8, 1997, discharge of the lis pendens that Salem had against appellant's property, (2) a December 16, 1997, order dismissing Azzam Sabri's Petition for Conservatorship for Salem; and (3) a June 11, 1998, court document from Jordan, showing that Azmi Sabri had talked to a chief judge there and that, as a result, restitution by appellant was waived and his sentence was reduced from one year to one month in prison. All of these documents were dated after the November 1997 trial.
On May 28, 1999, the district court held a hearing on the motion to dismiss. Appellant testified that although there were negotiations, he did not enter into a settlement agreement with respondents. He also argued that three letters written by his attorney on January 16, 1998, June 8, 1998, and November 10, 1998, regarding settlement attempts did not refer to an oral settlement agreement, thereby showing that there was no oral agreement. Respondents did not testify but relied on the affidavits and documents they had submitted. The district court dismissed appellant's case with prejudice, finding that the parties entered into a binding oral settlement agreement. This appeal follows.
DECISION
I. Settlement Agreement
Appellant argues that the distr
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